For purposes of these zoning regulations, certain terms and words are hereby defined. The words “used” and “occupied” include the words “intended, designed, or arranged to be used or occupied,” and the word “lot” includes the words “plot” and “parcel.”

   1.   Words beginning with “A.”

      A.   “Accessory use” means a use or structure, portable or otherwise, subordinate to the principal use of a structure or land on the same lot or parcel of ground and serving a purpose customarily incidental to the use of the principal structure or use of land.

      B.   “Administrative officer” means the individual appointed by the Mayor and approved by the Council who shall administer and enforce the provisions of this Zoning Code. Appeals of the decision of the Administrative Officer shall be made to the Board of Adjustment as provided herein. This person may also be referred to as the Zoning Administrator.

      C.   “Agricultural use” means a use of land for purposes of growing the usual farm products and including farming, dairying, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry.

      D.   “Alterations, structural” means any changes in loading bearing members of a structure, such as walls, columns, beams, girders, trusses, and rafters.

      E.   “Apartment” means a room or suite of rooms, with toilet and culinary accommodations, used or designed for use as a residence by a family, located in a structure containing two or more such rooms or suites or located in a structure devoted primarily to non-residential use.

      F.   “Awning” means a roof-like structure that serves as a shelter, as over a window. See also Section 136.14.

   2.   Words beginning with “B.”

      A.   “Basement” means the portion of a structure that is partially or wholly below grade.

      B.   “Bed and breakfast home” means a private residence which provides lodging and meals for guests, in which the host or hostess resides, and which, while it may advertise and accept reservations, does not present itself to the public as a restaurant, hotel, or motel, does not require reservations, and serves only to overnight guests.

      C.   “Block frontage” means all of the property on one side of a street between two intersecting streets.

      D.   “Board” means Board of Adjustment.

      E.   “Boarding rooming house” means a structure other than a hotel where, for compensation and by arrangement, lodging and meals are provided for residents only.

      F.   “Business” or “Commercial” means engaging in the purchases, sale or exchange of goods or services, or the operation for profit of offices or recreational or amusement enterprises.

   3.   Words beginning with “C.”

      A.   “Carport” means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. For the purpose of this Code, a carport attached to a principal building shall be considered as part of the principal building and subject to all yard requirements.

      B.   “Clinic” (dental or medical) means a place for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises.

      C.   “Clinic” (veterinary) means a place for the care, diagnosis, and treatment of sick, ailing, or injured animals and those in need of medical or surgical attention, but not for extended boarding of large animals.

      D.   “Condominiums” means a residential or commercial structure consisting of multiple units, each under individual ownership of the space contained within each unit and co-ownership of the remaining real property by the individual owners as tenants in common, subject to certain joint agreements and regulations.

      E.   “Construction site” means location where construction is taking place on a continuous basis.

      F.   “Convalescent home” means a structure or premises in which care is provided for two or more invalid, infirm, aged, convalescent, or physically disabled or injured persons. Nursing homes are convalescent homes.

      G.   “Cul-de-sac” means a dead-end street with circular turnaround.

   4.   Words beginning with “D.”

      A.   “Day care center” means the facilities of any dwelling, institution or organization which are used in the temporary care of six children or more at any one time.

      B.   “Deck” means a raised structure attached or unattached to a house, made out of wood or synthetic material and covered or uncovered.

      C.   “District” means a section or sections of the area of the City for which regulations governing the use of structures and premises or the height and area of structures are uniform.

      D.   “Dormitory” means a structure providing sleeping quarters for a number of people.

      E.   “Drive-through establishment” means any part of a business designated to be used by persons in vehicles to conduct transactions from their vehicles.

      F.   “Dwelling” means a structure used in whole or in part for human habitation.

      G.   “Dwelling, multi-family” means a structure containing three or more dwelling units. For example, condominiums and apartment complexes.

      H.   “Dwelling, single-family” means a structure containing one dwelling unit.

      I.   “Dwelling, two-family” means a structure containing two dwelling units. For example, a duplex.

      J.   Dwelling unit” means one or more rooms arranged, designed, and used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included. A manufactured home or a modular home are acceptable dwelling units.

   5.   Words beginning with “E.”

      A.   “Essential services” means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, or underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including structures.

   6.   Words beginning with “F.”

      A.   “Family” means one person or two or more persons occupying a living unity as an individual housekeeping organization.

      B.   “Farm” means a tract of land which is used for the growing of vegetables, fruits, and grains, or for the raising of domestic poultry and animals. The term “farming” includes the operating of such area for one or more of the above uses and for such necessary accessory uses as treating or storing the produce, provided, however, that any such accessory uses shall be secondary to the normal farming activities and that such accessory uses do not include the commercial feeding of animals or poultry in confined lots or structures.

      C.   “Feedlot” means the feeding or raising of livestock, poultry, or other animals in confined feedlots, dry lots, pens, cages, or structures as a commercial enterprise not in conjunction with a farming operation.

      D.   “Floor area” means the total square feet of any one floor area within the outside line of walls of a structure. Floor area shall not include porches, garages, or space in a basement which is used for storage or incidental use.

      E.   “Frontage” means the area of a lot or parcel fronting a public road.

   7.   Words beginning with “G.”

      A.   “Garage, private” means an accessory structure designed or used for storing motor-driven vehicles, recreational vehicles, trailers, boats, furniture, or other miscellaneous personal property.

      B.   “Grade” means the average level of the finished surface of the ground adjacent to the exterior walls of the structure. However, when any wall approximately parallels and is not more than five feet from a street line, then the average elevation of the street along that wall shall be grade.

   8.   Words beginning with “H.”

      A.   “Height of a structure” means the vertical distance from the grade to the highest point of the roof.

      B.   “Home occupation” means an occupation, profession, activity or use that is clearly a customary, incidental, and secondary of a residential dwelling unit, and which does not alter the exterior of the property of affect the residential character of the neighborhood.

      C.   “Hotel” means a structure occupied as the more or less transient abiding place of individuals who are lodged with or without meals and in which sleeping rooms are usually occupied.

   9.   Words beginning with “I.”

      A.   “IDOT” means the Iowa Department of Transportation.

      B.   “Industry, heavy” means any heavy manufacturing or industrial processing, which by nature of the materials, equipment and process utilized cannot eliminate entirely objectionable features and influences but which, nevertheless, must be provided for somewhere in the urban area.

      C.   “Industry, light” means any light manufacturing or industrial processing, which by nature of the materials, equipment, and process utilized are to a considerable measure clean, quiet, and free of any objectionable or hazardous element.

   10.   Words beginning with “J.”

      A.   “Junkyard” or “salvage yard” mean an open area on any lot or parcel of land which is used for storage, abandonment, or keeping of junk, including scrap metals or scrap materials, or for the abandonment or dismantling of machinery, motor vehicles, or other vehicles or parts.

   11.   Words beginning with “K.”

   12.   Words beginning with “L.”

      A.   “Landing” means the space at the top of a flight of stairs.

      B.   “Lot” means a parcel of land of at least sufficient size to meet minimum zoning requirements for use and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street.

      C.   “Lot area” means the area of a horizontal place, bounded by the front, side, and rear lot lines.

      D.   “Lot, corner” means a lot abutting upon two or more streets at their intersection.

      E.   “Lot depth” means the distance from the front lot line to the rear lot line. In the case of a lot of irregular shape, the maximum depth shall be the lot depth.

      F.   “Lot, interior” means an interior lot is any other lot than a corner lot.

      G.   “Lot line, front” means that lot line which is opposite and most distance from the rear lot line. In the case of an interior lot, abutting on only one street, the front of the lot is the street side. In the case of any other lot, it may be such street side as is elected by the owner to be the front of the lot for the purpose of this chapter.

      H.   “Lot line, rear” means that lot line which is opposite and most distant from the front lot line.

      I.   “Lot line, side” means any lot line, not a front lot line, or a rear lot line.

      J.   “Lot of record” means a lot or parcel of land, the deed to which has been recorded in the office of the County Recorder prior to the adoption of this Zoning Code.† 12

      K.   “Lot through” means a lot running through the block from street to street.

      L.   “Lot width” means the distance between the side lot lines. In the case of a lot of irregular shape, the maximum width shall be the lot width.

   13.   Words beginning with “M”

      A.   “Manufactured home” means a factory-built structure built under authority of 42 USC Section 5403 and is required by federal law to display a seal from the U S Department of Housing and Urban Development, with a manufactured date not exceeding 20 years from the present date.

      B.   “Mobile home” means a structure so constructed as to permit it to be moved and shall include non-self-propelled vehicles so designed, constructed, reconstructed or added to by means of an enclosed addition or room in such a manner as will permit the occupancy thereof as a dwelling or sleeping place for one or more persons, having no permanent foundation and supported by wheels, jacks or similar supports. Minimum size of structure must be 12’ x 50’. (Also see Section 165.20(32)(E)).

      C.   “Mobile home converted to real estate” means a mobile home which has been attached to a permanent foundation on real estate owned by the mobile home owner, which has had the vehicular form modified or destroyed, rendering it impossible to reconvert to a mobile home and which has been inspected by the Assessor, the mobile home title, registration, and license plates collected from the owner and the property entered on the County tax rolls.

      D.   “Mobile home park” means any site, lot, field, or tract of land upon which three or more mobile homes, manufactured homes, or modular homes or a combination of any of these homes which are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available.

      E.   “Modular home” means a factory-built structure built on a permanent chassis which is manufactured to be used as a place of human habitation and is constructed to comply with the Iowa State Building Code for Modular Factory-Built Structures and must display the seal issued by the State Building Code Commissioner.

      F.   “Motel” means a permanent structure or group of structures designed or arranged primarily for temporary occupancy, so laid out as to provide off-street parking on the same lot for parking vehicles used by the traveling public. Such structure or group of structures may include living quarters for the use of operating the commercial facility.

      A.   “Nonconforming use” means any structure or land lawfully used at the time of the effective date of this Zoning Code which does not conform with the regulations of the district in which it is situated.

   15.   Words beginning with “O.”

   16.   Words beginning with “P.”

      A.   “Parking space” means a surfaced area connected to a public street or alley by a driveway and permanently reserved for the parking or storage of one motor vehicle.

      B.   “Personal services” means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, valet service, watch repairing, barber shops, beauty parlors, and related activities.

      C.   “Planning and zoning commission” means the Planning and Zoning Commission of the City, as authorized by Chapter 23 of this Code of Ordinances.

      D.   “Porch” means a roofed platform forming the entrance to a house.

      E.   “Professional offices” means the use of offices and related spaces for such professional services such as, but not limited to, provided by doctors, dentists, lawyers, architects, engineers, and realtors.

      F.   “Public use” means any structure or land maintained or operated by governmental entities.

   17.   Words beginning with “Q.”

   18.   Words beginning with “R.”

      A.   “Recreational facilities” means country clubs, riding stables, golf courses, and other recreation areas, facilities, or recreation centers.

   19.   Words beginning with “S.”

      A.   “Setback” means the required distance between a lot line and the closest wall of a conforming structure on the lot.

      B.   “Sign” means a name, identification, description, display, or illustration which is affixed to, painted or represented, directly or indirectly, upon a building, structure, parcel or lot, and which directs attention to an object, product, place, activity, person, institution, organization, or business.

      C.   “Social activity use” means any structure and land used for private or semi-private club activities, including lodges, fraternities, and similar activities.

      D.   “Special exception” means a use not in specific conformity with the provisions of this Zoning Code.

      E.   “Street” means a public right-of-way which affords a primary means of access to the property. An alley is not a street in this Zoning Code.

      F.   “Street side” means the edge of a lot which is adjacent to a public right-of-way.

      G.   “Structures” means anything constructed, erected, or built, the use of which requires more or less permanent location on the ground and designed for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind, including but without limiting the generality of the foregoing, installations such as signs, billboards, radio towers, and other facilities not designed for storage of property or occupancy by persons. This does not include sidewalks and driveways or structures smaller than six feet by six feet in area. Any structure intended primarily for human occupancy or use, and not a carport, deck, or succah as defined in this chapter, and not a gazebo as commonly defined, shall consist of a permanent foundation, permanent walls, and a roof.

      H.   “Succah” means a temporary external dwelling built and inhabited by Jewish people for the purpose of celebrating the religious holiday of Succoth. The holiday of Succoth starts on the 15th day from Rosh Hashana and lasts for nine days. This symbolic dwelling place typically consists of three to four walls, deliberately lacking a permanent roof. Instead of erecting a roof, the succah is covered with items such as pine branches, bamboo, or other similar materials. The building of the succah may begin 30 days before the start of the holiday of Succoth, and the succah must be dismantled no later than 30 days after the holiday of Succoth ends.

      I.   “Structural alteration” See “alterations.”

   20.   Words beginning with “T.”

      A.   “Trailer camp” or “tourist campground” means any area providing spaces for two or more travel trailers, motor homes, RVs, camping trailers, or tent sites for temporary occupancy with necessary incidental services, sanitation, and recreation facilities to serve the traveling public.

      B.   “Travel trailer” or “camping trailer” means a vehicle with or without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed to permit the vehicle to be used as a place of human habitation by one or more persons. Such vehicle shall be customarily or ordinarily used for vacation or recreation purposes.

   21.   Words beginning with “U.”

   22.   Words beginning with “V.”

      A.   “Variance” means a relaxation of the terms of the Zoning Code, authorized only for height, area and size of structure or size of yards and open spaces, where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance by granted because of the presence of non-conformities in the zoning district or uses in an adjoining zoning district.

   23.   Words beginning with “W.”

   24.   Words beginning with “X.”

      A.   “Yard” means an open space on the same lot with a structure unobstructed from the ground upward and measured as the horizontal distance between the lot line and main structure.

      B.   “Yard, front” means a yard extending across the front of a lot between the side lot lines and measured between the front lot line and the main structure or any projection other than the projection of the usual steps, cornices, eaves, gutters, or chimney.

      C.   “Yard, rear” means a yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main structure or any projection other than steps, unenclosed porches, entrance ways, cornices, eaves, gutters, or chimney.

      D.   “Yard, required rear” means an area measurement determined by multiplying the rear yard setback requirement times the width of the lot. Said area is located at the very rear of the lot and extends across the entire width of the lot.

      E.   “Yard, side” means a yard between the main structure and the side lot line and extending from the front yard to the rear yard and being the horizontal distance between a side lot line and the side of the main structure or any projections. This applies to all decks, screened and unscreened porches, chimneys, stoops, and any other addition to the structure, portable or otherwise.

   26.   Words beginning with “Z.”